1.

Which one of the following writs can be field against a private person also?1. Quo Warranto2. Certiorari3. Habeas Corpus4. Mandamus

Answer» Correct Answer - Option 3 : Habeas Corpus

The correct answer is Habeas Corpus.

  •  Habeas Corpus
    • The Latin meaning of the word 'Habeas Corpur' is 'To have the body of'.
    • This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
    • Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
    • The Supreme Court or High Court can issue this writ against both private and public authorities.
    • Habeas Corpus can not be issued when the proceeding is for contempt of a legislature or a court.

  •  Quo Warranto
    • The meaning of the writ of 'Quo-Warranto' is 'By what authority or warrant'.
    • Through this writ, the court enquires into the legality of a claim of a person to a public office.
    • Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved.
    • It can't be issued against the private or ministerial office.
  • Certiorari
    • The meaning of the writ of 'Certiorari' is 'To be certified' or 'To be informed'. 
    • It not only prevents but also cures the mistakes in the judiciary.
    • The writ of Certiorari used to be issued only against judicial and quasi-judicial authorities and not against administrative authorities.
  • Mandamus
    • The meaning of this writ is 'We command'. 
    • This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.
    • It can not be issued to order someone to work when the kind of work is discretionary and not mandatory.


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